If you’re reading this, chances are that you recently learned about a potential eminent domain action that could affect your property, or you were already contacted by someone representing a state agency or company that wants to buy your land.
You’ve probably realized that eminent domain is an extremely complicated area of law. After all, the very idea that the government can force you off of your property seems contrary to what most of us understand about property rights. You recognize that you need an attorney to explain exactly what’s happening and potentially represent you—and you’re worried about the cost.
Read on to learn more about how much an eminent domain attorney costs
Why You Need an Eminent Domain Lawyer
Courts usually uphold the government’s use of eminent domain, so the purpose of retaining an attorney is typically not to challenge the exercise of the power itself, but rather to obtain as much compensation as possible for the property. The United States Constitution requires the payment of “just compensation” to landowners whose land the government takes pursuant to eminent domain authority.
Not surprisingly, landowners and the government (or a private party authorized to exercise eminent domain) often disagree about what constitutes just compensation. Fortunately, a lawyer familiar with eminent domain law can ensure you get what you deserve for your property.
Before accepting any offer on your property, protect your legal rights by hiring an eminent domain attorney.
Common Fee Structures for Eminent Domain Lawyers
So, how much does hiring an eminent domain lawyer cost? As is often the case in matters related to the law, the answer is “It depends.” To understand the fees you may be charged, it helps to know what type of legal action you wish to take.
Hourly Rates
If you’re trying to challenge the actual eminent domain action itself, the legal fees you incur will depend on the complexity of your case. These kinds of cases are generally billed on an hourly basis because there is no financial recovery at the end of the case. The goal of these cases is a favorable decision regarding the application of the law—that is, you can keep your property.
To help you contest this type of property seizure, a less experienced lawyer may charge between $150 and $300 per hour. Senior law partners may charge between $400 and $1,000 per hour.
Flat Fees
Some lawyers may turn this hourly rate into a flat fee schedule. This is a less common practice and usually only happens in straightforward cases. These attorneys know the typical time cases may require and quote a total rate that includes their standard fees. If it takes less or more time to complete the case, they agree not to change that rate basis.
Contingency Fees
On the other hand, if you retain an attorney to help you maximize the amount of money you receive for your property, you will often be asked to pay a percentage of the compensation you receive for legal representation. These are referred to as contingency fees, and they are the most common fee schedule used in eminent domain law.
Typically, you will not be asked to pay any fees up front. You will instead agree to pay your lawyer a percentage of the amount recovered in excess of the initial offer made on the property. For instance, if your original offer for your property was $50,000 and your eminent domain attorney negotiated a final amount of $95,000, you would pay your lawyer their percentage from the additional $45,000 you gained from their services.
The average contingency fee is about one-third of your increase. So, in the example above, your attorney might collect one-third of the excess $45,000—a total of $15,000.
This is the fee structure offered by the experienced eminent domain attorneys at Sever Walker Padgitt.
Other Factors That Influence Attorney Fees
Here are some other factors you might consider when you talk with an eminent domain lawyer about their fees and what they plan to do to help you with your case.
- An experienced lawyer with a significant track record of wins will charge more than a new or general practice lawyer.
- Your eminent domain attorney may find there will be complex legal matters to address along the way. A dedicated lawyer will stand by your side and put in the effort it takes to represent you adequately, but they also recognize what that may entail and the costs it may incur.
- Pursuing a condemnation case in court is more expensive than effective negotiations before things need to go that far.
- Your state may have reimbursement laws in place to help you recover some of the legal costs of defending your property rights after the case is settled in your favor.
Always talk frankly with any attorney you consult with about their fees and process.
Experience Pays Off
It may be tempting to choose a lesser-known or inexperienced attorney when considering how much it costs to hire a lawyer. However, it’s important to note that experience often pays off with eminent domain awards that far exceed what you might have otherwise seen. When it comes to your property rights and eminent domain, getting the experience you can trust is worth the investment.
At Sever Walker Padgitt, we have over 50 years of combined experience and have worked on over 500 eminent domain cases. Our lawyers are dedicated to providing outstanding results for our clients.
Call Sever Walker Padgitt Today for a Free Initial Consultation
If you’re currently in negotiations regarding the market value of your property or believe that the government will soon subject your property to a condemnation proceeding, you should retain an experienced eminent domain lawyer as soon as possible. An attorney familiar with eminent domain law can ensure that you receive just compensation for your property and may even challenge the basis of the action in its entirety.
Sever Walker Padgitt has offices in Ohio, Illinois, Indiana, North Carolina, and Kentucky, and we serve clients facing all kinds of eminent domain actions throughout the United States.
To schedule a free case evaluation with one of our attorneys, call Sever Walker Padgitt today at (888) 318-3761 or contact us online.
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